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(영문) 서울행정법원 2015.11.13 2015구단10509
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 8, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa (C-3) as a foreigner of the nationality of Pakistan, and applied for refugee recognition to the Defendant on November 6, 2013.

B. On September 24, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 22, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was born within the Tol character's house, but he received a three example from the new church in 2007 and moved to the new church.

On September 29, 2013, the Plaintiff was assaulted with the intimidation that “it is not possible to distribute the leaflets for the purpose of assembly (ch) or to leave the scarcity from four persons, while distributing the leaflets for the purpose of assembly (h) together with the denial and the private village before the church.”

If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being harmed by reason of religion.

(b) Attached Form of relevant statutes;

C. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, it is within the territory of the Republic of Korea in which the protection of the country of nationality is not possible or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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